Any attempt to undermine democracy is unacceptable.

Last March 10, Myanmar’s law enforcement personnel and their hired thugs brutally assaulted and forcibly dispersed the protestors opposing the retrogressive National Education Law, and in this process, many were arrested or injured. For about a month, student activists assembled in Yangon to hold peaceful marches and protests against the National Education Law that curtails academic freedom and restricts the autonomy of teachers and students. The Burmese government’s violent crackdown on student activists is symbolic of the rapidly shrinking democratic space in Myanmar.

The international community has been intently watching the series of open, reformative measures that began to take place with the Thein Sein regime in 2011. However, in her report published at the 28th UN Human Rights Council currently convening in Geneva, the UN Special Rapporteur on the situation of human rights in Myanmar, Ms. Yanghee Lee called attention to the serious state of human rights violations in Myanmar by referring to the Burmese government’s suppression of Muslim minorities, the civil war with minorities on the Chinese border, and the human rights violations of local civilians due to development projects. Ms. Lee also stressed that ensuring the right to assembly and freedom of expression of the Burmese citizens is an urgent task.

Even though the international community is still showing concern over the human rights situation in Myanmar, the Burmese government responded to the peaceful protest of students with violence. What’s more serious is the fact that hired thugs were mobilized for the Burmese government’s violent breakdown. The hired thugs, who were sporting red armbands that read “Duty”, joined law enforcement personnel to indiscriminately assault student activists in the process of arresting and forcibly dispersing the protests. Besides this student protest, these thugs have also shown up to the Korean Garment factory workers’ protest on March 4, and were seen using violence against female workers.

In light of Myanmar’s coming November presidential election, the issue of democracy and human rights in Myanmar is a problem of interest not only for Myanmar, but also for the international community. Democratic space in Myanmar was barely created with the sacrifices and efforts of a great number of people. If the Burmese government fails to deviate from its past behaviors of silencing students, workers, and displaced people with violence, then that little space will also soon completely disappear. The Burmese government must stop the violent breakdowns of peaceful protests and guarantee the freedom to peaceful assembly. Additionally, the government must immediately release all arrestees and attempt to communicate with the protesters. The more violently the Burmese government responds, the harder it will be for Myanmar to escape the disgrace of being a human rights violating country, and this will definitely not help Myanmar’s development.

The civil society of Korea will be in active solidarity with the Burmese citizens in support of Myanmar’s democracy and human rights.

March 12, 2015

Advocates for Public Interest Law

Energy and Climate Policy Institute for Just Transition

Human Rights Law Foundation Gong Gam

Institute for Law and Human Rights in Society

Korea Center for United Nations Human Rights Policy

Korean House for International Solidarity

MINBYUN – Lawyers for a Democratic Society International Solidarity Committee

PSPD statement on the attack on U.S. ambassador to South Korea, Mark Lippert

People’s Solidarity for Participatory Democracy(PSPD) deeply deplores the attack on Mark Lippert, U.S. ambassador to South Korea, which happened on 5 March 2015. Such violence cannot justify any arguments or causes. Most of all, attack on a foreign envoy may severely damage to a relationship between people of two countries. We call on the Government to impartially investigate details of the attack. PSPD hopes U.S. Ambassador Mark Lippert get well soon.

Tongin Newsletter, October 2014

<The report from Lee Tae-ho, Secretary-general of the PSPD>

This month of the PSPD, Dreams we are making together

Dear Members,My heart feels very heavy to send 2014 away and greet 2015 because I promised a year ago in the magazine ‘Participatory society’ to make the year 2014 a victory of the truth, justice and the people. I would like to convey New Year greetings with a poem which seems representing the current situation.

First they came, First they came for the Socialists, and I did not speak out—Because I was not a Socialist.Then they came for the Trade Unionists, and I did not speak out—Because I was not a Trade Unionist.Then they came for the Jews, and I did not speak out—Because I was not a Jew.Then they came for me—and there was no one left to speak for me.- Martin Niemöller

Let me brief on PSPD activities of the last month with key words

● Sewol Ferry▶ A Special investigation committee for 4.16 Sewol Ferry Disaster is being consisted accordingly to a legislation of Special Act. Lee Seo-tae, co-representative of PSPD is participating as a chairperson of Sewol family’s recommendation. Kim Jin, a lawyer and a member of the Committee for Fair Labor Society also joins in by the opposition party. However, most of five members proposed by the Saenuri Party seem unqualified so that Sewol families and civil and social organizations are organizing protesting press conferences and one person demonstration demanding for withdrawal of its recommendation.▶ PSPD has taken a legal action on 3 December against the Blue house’s refusal for a request of information disclosure regarding what had been reported to the President when Sewol Ferry sank.▶ On 9 December, PSPD has organized “International Workshop- Tasks of finding the truth for Sewol Ferry Disaster from aspects of overseas cases” in collaboration with the People’s council for the Sewol Ferry Disaster and The Council of bereaved families. The workshop has invited experts and families of disasters happened in overseas including Kowata Masmi, a victim of Fukushima disaster, Danaka Mizhiko, a member of the Investigation Committee on the Accident at the Fukushima Nuclear Power Station and Philip Shenon, a former reporter of New York Times and an author of [Commission : What we didn’t know about the 9/11] ▶ PSPD has spent a Christmas and a New Year with Sewol families at Ansan and Gwanghwamun.

● Macadamia nut rage, power abuse of the powerful▶ PSPD has reported Cho Hyun-ah, a former vice president of Korean Air for a violation of the Aviation Act on 10 December regarding an incident ‘Macadamia nut return’

● Close aides of the president intervene in appointments▶ While it has being exposed that close aides of the president have intervened in appointments of political positions, a police lieutenant Choi took his life while being interrogated for leakage of a Blue House document about Jeong Yoon-heo and others. PSPD demanded a special prosecutor probe on 15 December in order for a thorough investigation to find the truth how close aides of the president have abused their powers.

● Dissolution decision over United Progressive Party▶ The PSPD strongly denounced the decision of the Constitutional Court on 19 December to dissolve the United Progressive Party (UPP) and criticized that the one denied principle order of the democracy were the Constitutional Court and the government not UPP. Even though the Court assumed that “A political party is an important constitutional organization so that it can’t be dismissed unless physical and real threats to principle order of the democracy are proved”, it still decided dissolution without proving actual and specific behaviors. On the other hand, the Supreme Court judged that Lee Seok-ki was innocent for the charge of conspiracy of a rebellion.

▶ PSPD has organized an ‘Urgent discussion on forced dissolution of UPP’ on 22 December and criticized the decision of the Constitutional Court. In addition, it is preparing a legal statement.

● Punishing Minbyun (Lawyers for Democratic Society)▶ Concerning the matter that prosecutors’ asked Korean Bar Association to punish lawyers of Minbyun, PSPD has sent a written request to the Association on 3 December asking to refuse that demand together with 4.530 people signed in the Internet and 13 civil and social organizations. In the request, PSPD argued that prosecutors’ has asked unfair punishment for lawyers who have been very responsible for what they had to do. Furthermore, it insisted that the Association must decline such request as a representative of lawyers and whose mission is to protect human rights,

● Revision of the Public Service Ethics Act▶ The revision of the Public Service Ethics Act passed a plenary session of the National Assembly on 9 December which intended to resolve ‘Gwanfia (Government Maffia)’ problems. It reinforces restrictions on employment of public servants, officers and executives of public organizations to a former position related jobs after retirement. Since PSPD has requested a similar legislation on 20 June, it welcomes a revision but the matter of establishing a professional and independent organization to handle ethics of public servants remains unsolved.

● Court decision on large discount stores.▶ On 14 December, administration division 8 of the Seoul High Court said regulating operation of large discount stores by the government breaches the law because “Large discount stores provide shop assistants unlike ordinary retailers”. Hence, PSPD denounced the court decision unrealistic and insisted that “Based on the argument of the court, there is no large discount store in Korea”. It also urged to respect an intention of large retail conglomerates for public interests so that compulsory closing days and limiting operating hours must keep executed.

● Three Human Rights issues for solders▶ In cooperation with the Joint Action for Human Rights for Solders, PSPD has submitted a petition to the National Assembly on 1 December to enact or revise three Acts related to protecting human rights within the Army including a legislation of basic human rights for solders, a legislation of appointing human rights rangers for solders and an abolition of military court

● Irrational Dispatch Act▶ PSPD has submitted the second written petition to the National Assembly on 4 December opposing <Participation Act for Dispatch of Korean Army to overseas> which passed the National Defense Committee of the National Assembly on 1 December. According to this bill, it becomes legal to send not only Korean Army for multinational troops such as Iraq dispatch but also so called ‘Education training’ for the purpose of exporting nuclear power plant like a dispatch to Arab Emirates. PSPD has been pointing out that the bill would violate the Constitution and has probable dangers. It is pending at the Legislation and Judiciary Committee at the moment.

Tongin Newsletter, December 2014

<The report from Lee Tae-ho, Secretary-general of the PSPD>

This month of the PSPD, Dreams we are making together

● Sewol Ferry Disaster

▶ The People’s council for the Sewol Ferry Disaster organized a discussion <Interim review of finding the truth of Sewol Ferry disaster and future tasks>. It examined current status of government-led probe and reviewed conflicting arguments on Sewol Ferry Special Act. In the forum <Government’s post-Sewol Ferry disaster safety measures and its problems>, it assessed safety measures of the government.

▶ While the leading party and the New Politics Alliance for Democracy agreed on outlines of Sewol Special Act on 31 October, they organized a memorial gathering of the people for the 200th day of Sewol Ferry disaster. On the same day, <Family memorial service, 200th day of Sewol Ferry Disaster> was held at Ansan joint memorial alter.

▶ PSPD has presented an issue report <Laws that must be improved in order to prevent the second Sewol Ferry disaster> which contains opinions on 10 laws to revise or enact concerning anti-corruption and safety measures.

▶ PSPD organized a gathering for families of Sewol Ferry victim’s and members.

● Disputes over abolishing the minimum living cost.▶ The National Assembly passed a revision of the Basic Living Cost Guarantee System (Basic system) which has changed to worse. The concept of the minimum living cost is abolished and replaced with ambiguous name ‘minimum guarantee standard’. The minimum living cost is a basic standard for all social welfare wages and basic rights but it is decided to be removed. PSPD and welfare activist organizations which are member of ‘Joint conference to keep people's basic living’ have criticized and tried to persuade the National Assembly that abolishing the minimum living cost would destroy the rights of the poor.

● Controversy over wasting the budget▶ How the budget has been wasted for grand national projects such as Four Major Rivers, Resource Diplomacy and Defense Industry are being revealed one after another. Hence, PSPD has proposed an enactment <Litigation of the People Act> for the purpose of enabling tax payers to regulate budget waste. When legislated, anyone can take a legal proceeding against central, regional and public corporations concerning illegal, wrongful execution of the budget.

▶ PSPD, the Justice Party and the People’s Livelihood Economy Committee of the Lawyers for Democratic Society have jointly prosecuted responsible personnel for ‘MB’s Resource Diplomacy’ who squandered people’s tax. The former and current presidents of public corporations including Korea Resource Corporation, Korea Gas Corporation and Korea National Oil Corporation were reported to the Prosecutor’s for the charge of breach of trust and dereliction of duty.

▶ The President Park Geun-hye announced the budget of 2015 in the administrative policy speech at the National Assembly on the 29th and said to risk a large deficit to boost the economy. The Budget Watch Network in which PSPD joined held a <The 2nd Government Budget Convention, 2015> at the National Assembly and pointed out 68 problematic projects in 7 sectors. It especially analyzed risks of safety projects categorized by the Ministry of Strategy and Finance and selected ‘Seven nonsensical safety budgets’ which were hard to be accepted as a safety project. The Network and Naeil Daily are publishing a series ‘Budget wasting projects’ in the 2015 budget bill.

▶ PSPD presented a comment urging to reduce defense budget which has been smeared with corruptions. It also held a press conference together with Gangjeong village residents and demanded to reduce 2015 budget for Jeju Naval Base construction. Civil organizations appealed that naval base construction budget has ignored a decision of the National Assembly and promises with Jeju residents and furthermore gave seven reasons why the budget should be cut down.

● Disputes over free childcare and welfare budget ▶ The budget for childcare became controversial since the government has cut it down and tried to pass the buck to regional education offices. In addition, the government and a leading party have pressurized them to reduce and allot a budget for free school lunch. ▶ Civil and Social organizations called the president on keeping the promise for free childcare and sparing nursery fee with a separate budget of the central government. They also asked both the central and provincial governments to be co-responsible for free school lunch. Furthermore, it suggested establishing a social consultative to resolve principle problems of education welfare.▶ PSPD has published an analysis of 2015 Public Health and Welfare budget. It found out that a budget related to easing criteria of ‘Duty of supporting the family’ was not reflected which the government promised after “Suicide incident of a mother and two daughters in Songpa”. In regard to childcare expenses for children aged between 3-5, central government is passing the responsibility to regional education offices. ▶ A campaign <A Day for relaying a photo of parents and parent’s siblings who oppose suspension of childcare subsidies>was organized on 25 November.

● Reform of the public sector and pension reform for public servants▶ In order to prevent an appointment of public positions by high-handed influence and improve its independency, PSPD has submitted <Opinions to improve governance of public organizations> to the National Assembly. ▶ While the government is having a dispute with public officers and teachers over a pension reform of public servants, PSPD has accepted a demand of the union to establish a social consultative in which a leading and opposition parties, civil and social organizations and involved parties participate, and suggested it to a political field.

● Support of whistle blowers for public interests.▶ 514 citizens have made an action to protect whistle blowers for public interests. For one week, 514 citizens have singed in for a written request on the internet demanding to call off dismissal of a teacher Ahn Jong-hoon who reported an internal corruption and embezzlement of a school. PSPD has delivered the request to the Appeal Commission for Teachers.▶ A press conference “Reinforcing protection measures for whistle blowers for public interest to make a safe society” was organized at the National Assembly by 11 lawmakers and 6 civil organizations who proposed a reform of <Protection of Public Interests Reporters Act>and <Corruption Prevention Act>.

● Kim Young Ran Act and rooting out Gwanfia (Government Mafia)▶ A legislation to scrape out Gwanfia is being discussed at the National Assembly but it seems far away to complete▶ On 11 November, an issue report <Reform bills waiting to be passed in order to resolve Gwanfia problems> was presented. It urged to quickly pass 24 reform bills of Public Service Ethics Act to reinforce restrictions on jobs public officers could take after retirement or resignation.▶ A press conference was held by anticorruption organizations including Citizens' Coalition for Economic Justice, PSPD, YMCA Korea, Transparency International Korea and Young Korean Academy, and called on legislation of Kim Young Ran Act for regulating wrongful asking of a favor and amendment of Public Service Ethics Act to reinforce restrictions on post retirement employment.

● Comments on court decisions – Nuclear power plant and SsangYong Motor case▶ A review meeting was held to talk about the decision made by the Busan District Court which acknowledged that a nuclear plant was responsible for cancer outbreak of neighboring residents. ▶ The Supreme Court said the layoff of SsangYong Motors was ‘lawful’ and returned the case to the Seoul High Court. PSPD immediately issued protesting comments on 13 November and organized an urgent forum on 17 November.

● <Open National Assembly, Communicate Politics> project▶ Meetings of the National Assembly are supposed to open to voters but they are opposite in reality. A group of more than 40 citizens are attending meetings of a general standing committee and subcommittees, and monitoring if they are open to the public and operated properly. ▶ An exhibition <Bring the National Assembly into the arms of citizens> was held on 18-21 November at the members’ office building of the National Assembly which calling to open to the public and reform the National Assembly.

● Human Rights in North Korea▶ While the UN has added human rights issues in North Korea to the agenda and North Korea has strongly appealed against it, PSPD has published <Alternative approach to physically improve human rights in North Korea>. It suggests to seek the balance between peace settlement and pursuing human rights, and integrated improvement embracing various aspects of human rights including the right to freedom, the right to society and the right to peace.

PSPD English Newsletter, November 2014

<The report from Lee Tae-ho, Secretary-general of the PSPD>

This month of the PSPD, Dreams we are making together

It’s already a mid-autumn but efforts of Sewol Ferry victims’ families started in spring to find the truth hasn’t bear fruits yet. Some families are still demonstrating against the Blue House in front of the Cheongwoon-dong office neighboring PSPD. The Saenuri Party and the New Politics Alliance for Democracy (NPAD) drew the third compromise agreement on 30 September regarding Sewol Special Act but bereaved families were very disappointed by the fact that it excluded a participation of the families in the process of recommending special prosecutors. At additional negotiations followed, the Saenuri Party even insisted that a chair person of a probe committee as well as special prosecutors should be appointed by the President. It did not hide its intention to protect the Blue House from no-sanctuary probe and disable independent investigations.

The government and a leading party have shown incapability in saving lives from sunken Sewol Ferry but all national authorities are moving very systematically to protect and save the president from finding the truth. Even worse, that rescue plan disrespects, drives bereaved families into the corner and temporizes their real intention. That’s why Sewol families are going through a very hard time at the moment.

Here are reports on PSPD activities last month.

● The movement for Sewol Ferry Special Act legislation▶ The <Group to promote social dialogue for Sewol Ferry> urged cooperation among the president, a leading and opposition parties on 30 September in order to appoint special prosecutors independent from the government and a leading party so that a probe to find the truth can be executed without sanctuaries. The group is consisted with more than 20 people from civil, social and religious fields including Chung Bake-hyun (co-representative of the PSPD), Kim Young-ju (general affairs director of NCCK), monk Dobeop (president of the reconciliation committee of Jogye order), Lee Seon-jong (administration officer of Won Buddhism) and father Chung Sung-hwan (general affairs director of Social Welfare Committee of Catholic Bishops’ Conference of Korea).

▶ Even so, the Saenuri Party and the New Politics Alliance for Democracy agreed on 30 September to exclude Sewol families for recommending special prosecutors. Hence, the Council of bereaved families instantly expressed opposition against the compromise agreement.

▶ The People’s council for the Sewol Ferry Disaster held a national representatives meeting on 2 October and denounced that the compromise agreement made on 30 September failed to have measures for securing independence from authorities. Representatives argued that involvement of Sewol families are not a choice but a start line of finding the truth so that opinions and participation of bereaved families must be guaranteed for composing a probe committee, public hearings and even in discussions for securing the right to investigate.

▶ Concerning a briefing of the Prosecutor’s Office on 6 October, the People’s council for the Sewol Ferry Disaster pointed out that prosecutor’s has cut tails by putting government’s faults on a few coast guards, and disguised the fact as all responsibilities are on a Ferry captain, crews and dead Yoo Byoung-on. It also insisted that what prosecutor’s said made it clearer why it is essential for a finding the truth committee to execute no-sanctuary, independent investigation and indict.

● Committee for Fair Labor Society▶ On 7 October, the result of surveying Seoul district offices on living wage system was released. 21 district offices out of 22 except Jung-gu have answered and 11 expressed favor. Therefore, it made 14 offices including three which have been already implementing or in preparation. On the other hand, Seocho, Gangnam and Songpa so called ‘Gangnam three districts’ have opposed.

● Center for Tax Justice and Budget Priority ▶ <Short report on top 1% of Korean; the first series> was presented on 23 October. This infographic report shows that top 1% consists of top 6% in labor income but 44.8% and 72.1% respectively in terms of interests and dividends income from enormous capital and investments. In addition, the report pointed out that top 1% occupied 12.23% of total gross income in 2012 which has increased compared to 6.58% in 1998 and 11.76% in 2010 confirming that polarization has worsened in both income and capital.

● Public Interest Law Center▶ PSPD held a press conference on 1 October in front of the Supreme Prosecutors Office. It expressed opposition against prosecutors’ policy to reinforce investigation of cyber defamation and submitted a written request to stop censoring the internet. Furthermore, PSPD denounced the background of the policy because it was announced two days after the President Park made a comment at a cabinet council meeting.

▶ The Center published a report on 16 October which analyzed 40 legal cases of ‘Shut the people’s voice’ during Lee and Park administration and argued that the government should stop trying to block criticism by bringing it to the court. It explained that the report was published to remind infringement of the right to freedom of expression was the cause of cyber exile which drew attention of domestic and international press.

● Center for Administration Watch▶ A written request was sent to the Ministry of Foreign Affairs on 15 October asking for an apology and prevention measures concerning answers of Foreign Minister Yoon Byung-se at an inspection of government offices on 7 October. He said misusing project expense cases were not embezzlement and denied giving a disadvantage to a whistle blower.

▶ PSPD presented a statement on 23 October in regard to restructuring government agencies after Sewol Ferry sank. It pointed out that restructuring would not help resolving problems without having a right diagnosis but rather worsen the situation. It also expressed concerns that government’ plan would weaken functions of National Emergency Management Agency and Korean Coast Guard which response and handle the situation up front. Furthermore, Ministry of Public Security and Safety doesn’t seem to be able to act as an control towel because it is established under the Office of Prime Minister which does not have substantial authority

● Center to support whistle blowers for the public interest.▶ A talk show ‘An actual person and friends of a movie <Whistle Blower>’ was held at Zelkova tree hall of PSPD at 7pm on 15 October and talked about experiences, joys and sorrows of a whistle blower and his supporters for ‘Fraudulent stem cell thesis of Dr. Hwang Woo-seok’. Ryu Young-jun who exposed fraudulent paper of Dr. Hwang, Lee Jae-myung, a former transparent society head (Reporter at Hankyorye) and Lee Sang-hee, a head of Center to support whistle blowers for the public interest who have helped Ryu have participated in a talk show.

● Center for Peace and Disarmament

▶ The Center is actively working to stop rearmament of Japan and military cooperation of Korea, US and Japan. It is also trying to improve human rights within the Army.▶ The Center held a press conference on 24 October protesting against outcomes of Korea-US defense ministers’ talk. In the 46th ROK-US Security Consultative Meeting, two ministers agreed to indefinitely postpone returning of wartime operational control which was scheduled in 2015 and remain Korea-U.S. Combined Forces Command (CFC) in Seoul. The decision to remain CFC and U.S. Army's 2nd Infantry Division in Seoul Metropolitan violates agreements made in 2006 to move US Army bases and postponing wartime operational control also breaches the promise with the people who have believed self-defense and agreed to spend defense budget for it.

▶ <Joint response of Civil Society for defense and security education problems> including PSPD organized a meeting with Seoul Office of Education on 9 October and talked about security education for students. It was an occasion to inquire Seoul Office of Education on prevention measures concerning the incident last July of which students were emotionally shocked by brutal contents of ‘Patriotic education’. In response to that inquiry, they said to give a shape to ‘Democratic Citizen Education’, ‘World citizen education’ and ‘Reunification education towards compromise and the peace’.

● International Solidarity Committee▶ 18 organizations for human rights, labor, civil, social and public interests including PSPD held a press conference on 2 October in front of a statue of the King Sejong in Gwanghwamun to express support for democratic demonstration of Hong Kong citizens and urge the Chinese government to stop suppressing them. It was held holding umbrellas open as Hong Kong citizens used them to ward off tear gas fired by the police.

We, the undersigned civil society organizations, write to you to express our grave concern over the latest re-arrest of Ms. Irom Sharmila Chanu on 24 January 2015 by Manipur police in Imphal, Manipur. Ms. Sharmila has been on a hunger strike for over 14 years demanding the repeal of the Armed Forces (Special Powers) Act (AFSPA), which has been the cause of egregious human rights violations, including the killing of civilians, in Manipur and other parts of India. Ms. Sharmila’s peaceful protest against the Act has been consistently used as a tool to harass her by framing charges of attempted suicide under Section 309 of the Indian Penal Code.

We welcomed her release[1] on 22 January 2015 after a Manipur court rejected charges of attempted suicide. However, within hours after the release, she has been re-arrested on the very same charges. We deplore this outrageous cycle of arrests and re-arrests, which Ms. Sharmila is facing since she began her hunger strike in November 2000, and demand her immediate and unconditional release.

Ms. Sharmila’s continual arrests have been made under an out-dated law that criminalizes “attempt to suicide,” which the Law Commission of India found “anachronistic” and “undesirable” and recommended to repeal the relevant section (Section 309) of the Indian Penal Code. In this regard, we remind your government to fully implement the Commission’s recommendation. In addition, we strongly urge that judicial protection prohibiting Ms. Sharmila’s repeated arrests be granted, given the Court’s consistent decisions rejecting the charges against her[2].

Recognizing that the criminalization of Ms. Sharmila’s peaceful protest serves to silence the reason behind it, we reiterate[3] our longstanding call to repeal the AFSPA, which allows wide discretionary powers to officers of armed forces to search and arrest without a warrant, and use force against anyone suspected of having committed certain offences. The officers are granted impunity through the clause that they can only be prosecuted upon the permission of the central government.

Criminalization of Ms. Sharmila’s peaceful protest against the AFSPA violates Article 1 of the UN Declaration on human rights defenders, which guarantees the right of human rights defenders and women human rights defenders to promote and protect the realization of human rights.

We particularly remind you of the history of peaceful hunger strikes undertaken during the struggle for independence. The courts of India have also recognized this form of protest as being protected under Article 19 of the Constitution of India. We urge you to respect these legal protections and engage in a meaningful dialogue with those advocating for the repeal of AFSPA as should be the case in any democratic society.

Alternative Approach to the Actual Improvement of Human Rights in North Korea

: Evaluation of the issue from domestic and international perspective and problem

December 2014

This report is based on the Korean version of “Alternative Approach to the Actual Improvement of Human Rights n North Korea” which was published on 25 November 2014. The Korean report was jointly written by Kim Gwi-ok (Hansung University), Kim Duck-jin (Catholic Human Rights Committee), Kim Hyung-wan (Korea Human Rights Policy Institute), Baek Buhm-suk (Kyung Hee University), Park Jung-eun, Kim Seung-hwan(People’s Solidarity for Participatory Democracy), Suh Bo-hyuk (Seoul National University, the Institute for Peace and Unification Studies).

Overview

It is considered that the human rights situation in North Korea has continued to deteriorate and crimes against humanity are said to have been committed. The United Nations (UN) is considering referring those who are responsible for the violation of human rights to the International Criminal Court, to which North Korea is strongly opposed. It is highly doubtful that the current trend will bring positive development to the improvement of human rights in North Korea.

North Korea is the other side of the divided Korean Peninsula and is in hostile relations with the United States and Japan. North Korea is characterized by political monotony, economic underdevelopment, international isolation, and authoritarian culture. The political system in North Korea and the armistice stand as the historical background and the real conditions for the human rights problems in North Korea. Therefore, it is essential to steer the North Korean regime toward the human rights-friendly track and to overcome the armistice system. The report of the Commission of Inquiry (COI) on Human Rights in the DPRK (Democratic People's Republic Of Korea) addresses these two points, yet the media and countries concerned including South Korea and the US mainly focus on holding the North Korean government to be politically accountable.

The human rights issue in North Korea is about the rights of the North Korean ‘people.’ Human rights in North Korea specifically fall into three categories: human rights in North Korea, North Korean residents abroad (North Korean defectors in particular), humanitarian issue created by the Korean War and the division of Korea (separated families, POWs, and abductees). In other words, improvement of human rights in North Korea requires not only changes in North Korean government but also cooperation from the international community. Pressure, economic sanctions, naming and shaming on North Korea will all fall short in the end. Thus, we recommend the following as a discipline of approach to the human rights issue in North Korea.

Firstly, North Korea is the subject for the improvement of human rights in North Korea and the international community needs to take the role of monitoring and promoting the nation to improve the human rights. Secondly, all discussions and approaches towards the human rights issue in North Korea must focus on the actual improvement of the matter at hand. Thirdly, multi-dimensional actors including the government, civil society, and countries and international organizations that are concerned need to cooperate in a mutually complementary relation. Fourthly, efforts to improve human rights in North Korea should proceed in harmony with the efforts to ameliorate the North-South relation and to establish peace in the Korean Peninsula.

The North-South relation is a policy channel that is unique to South Korea that is enabled to involve the human rights problem in North Korea. It is also a channel through which the two Koreas prepare for human rights-friendly unification. Therefore, South Korea must engage in international cooperation and talk between Pyongyang and Seoul in order to improve the human rights in North Korea. Peace in the Korean Peninsula not only creates a positive environment for the improvement of human rights in North Korea, but it also stands as an entity of the improvement of human rights as a right to peace.

Ways to improve the human rights in North Korea are as follow: engaging in the protection against the violation of human rights and enhancing the capability for improvement of human rights; making a comprehensive and balanced approach to the matter at hand; and making efforts to overcome the armistice and the division of the Korean Peninsula to offer fundamental solutions to the problem. An approach to the short-term, phenomenal problem should be accompanied by efforts to settle the historical roots of human rights violation. The two Koreas and international community should cooperate to prepare for the unification of the Korean Peninsula that realizes universal values including human rights.

15 December 2014

On the second anniversary of the enforced disappearance of prominent Lao civil society leader Sombath Somphone, we, the undersigned regional and international organizations, firmly condemn the Lao government’s ongoing refusal to provide any information regarding Sombath’s fate or whereabouts.

The Lao government’s deliberate silence on Sombath is part of a strategy that aims at consigning to oblivion the heinous crime of enforced disappearance. Regrettably, all other ASEAN member states have remained conspicuously silent on the issue of Sombath’s disappearance. Our organizations believe that ASEAN member states, as well as the ASEAN Intergovernmental Commission on Human Rights (AICHR), must break the silence on this matter.

Instead of invoking the principle of non-interference into one another’s internal affairs, ASEAN member states must act as responsible members of the international community and uphold the 10-nation bloc’s key tenets enshrined in the ASEAN Charter, which recognizes the promotion and protection of human rights and fundamental freedoms among the bloc’s purposes and principles.

As a result, we, the undersigned organizations, call on ASEAN member states to raise the issue of Sombath’s disappearance with the Lao government in all bilateral and multilateral fora. We also urge AICHR to exercise its power to “obtain information from ASEAN member states on the promotion and protection of human rights” in order to shed light on the disappearance of Sombath.

Sombath was last seen on the evening of 15 December 2012 in Vientiane. Lao public surveillance CCTV footage revealed that police stopped Sombath’s car at a police post. Within minutes after being stopped, unknown individuals forced him into another vehicle and drove away. Analysis of the CCTV footage shows that Sombath was taken away in the presence of police officers who witnessed the abduction and failed to intervene - a fact that strongly suggests government complicity.

Sombath’s enforced disappearance is not an isolated incident. To this day, the whereabouts of nine people arbitrarily detained by Lao security forces in November 2009 in various locations across the country remain unknown. The nine had planned peaceful demonstrations calling for democracy and respect of human rights. The whereabouts of Somphone Khantisouk are also unknown. Somphone, the owner of an ecotourism guesthouse, was an outspoken critic of Chinese-sponsored agricultural projects that were damaging the environment in the northern province of Luang Namtha. He disappeared after uniformed men abducted him in January 2007.

Our organizations urge ASEAN member states and the AICHR to call on the Lao government to immediately conduct competent, impartial, effective, and thorough investigations into all cases of enforced disappearances, hold the perpetrators accountable, and provide reparations to the victims and their families.

Signed by:

Adventist Development and Relief Agency Lao PDR

Ain O Salish Kendra

Alternative ASEAN Network on Burma (ALTSEAN-Burma)

Amnesty International

ASEAN Parliamentarians for Human Rights

ASEAN SOGIE Caucus

Asia Indigenous Peoples Pact

Asian Federation Against Involuntary Disappearances

Asian Forum for Human Rights and Development (FORUM-ASIA)

Asia-Pacific Solidarity Coalition

Association of Human Rights Defenders and Promoters

Banglar Manabadhikar Suraksha Mancha (MASUM)

Boat People SOS

Burma Partnership

Cambodian Civil Society Working Group on ASEAN

Cambodian Human Rights and Development Association (ADHOC)

Cambodian League for the Promotion and Defense of Human Rights (LICADHO)

There is nothing to expect from 2014 ASEAN-Republic of Korea Commemorative Summit attended by the major actors of military coup in Thailand.

In the 2014 ASEAN-Republic of Korea Commemorative Summit held on 10 December in Busan, Korea, one of the participants is Prayut Chan-o-cha, who launched a military coup in May 2014 and became the new prime minister of the military junta. Korean civil society organizations including labor organizations are strongly against Prayut’s participation in the Summit, who has been severely criticized by the international community for taking power through a military coup and arbitrarily arresting and suppressing citizens against the coup.

The military coup in Thailand is significantly threatening democracy not only in Thailand but also the entire Asian region. History clearly demonstrates that those who took power through violence without fair elections always resorted to repressive power for the sake of their own interest not that of citizens. If Korea and ASEAN fails to adamantly oppose the military coup power, it will lead to the retreat of democracy which is hard earn through Asian people’s sacrifices.

It is not only about Thailand. All the member states of ASEAN as well as Korea have been requested to step up their efforts in improving democracy and human rights. In this regard, it goes without saying that democracy and human rights should be included in the major agenda of the Summit. However, in the official web-site of the Summit, it is hard to find the specific purposes or agenda of the Summit, needless to say nothing on democracy and human rights issues.

Immigrant workers from the ASEAN countries are being forcefully deported by the Korean government without any overdue wages. Human rights violation concerns on workers and residents in the ASEAN countries in the course of the ODA projects by the Korean government or the investment projects by Korean companies have been consistently raised. When human rights issues are ignored, no genuine “partnership” is possible.

Korean and Asian civil societies remember the consciences of Thailand who have been put behind bars simply because they are against the military coup. What we want to hear from the leaders of Korea and ASEAN is not insubstantial economic effect of the Summit. We are asking them to answer what their position to the recent military coup in Thailand is. When the people of conscience are deprived of liberty, “Building Trust, Bringing Happiness,” the official slogan of the Summit is nothing but a play on words.

December 10, 2014

Advocates for Public Interest Law

Civilian Military Watch

Human Rights Law Foundation Gong Gam

Korean Confederation of Trade Unions

Korean Health and Medical Workers' Union

Korean House for International Solidarity

Korean Lawyers for Public Interest and Human Rights

MINBYUN – Lawyers for a Democratic Society International Solidarity Committee

Asian Human Rights Defenders face increasing challenges and threats

(Quezon City, 6 December 2014) – The Asia Forum for Human Rights and Development (FORUM-ASIA), together with its members the Task Force Detainees of the Philippines (TFDP) and the Philippine Alliance of Human Rights Advocates (PAHRA) reiterated their call to Asian governments, as well as national, regional and international institutions to ensure an effective protection of human rights defenders (HRDs) in Asia.

More than 150 human rights defenders from 22 countries all over Asia gathered at the 6th Asian Regional Human Rights Defenders Forum (AHRDF) in Quezon City, Philippines (3-5 December 2014). The biennial event organized by FORUM-ASIA provides a platform for human rights defenders to discuss their work and advocacies, as well as share the experiences and challenges they face. During the event FORUM-ASIA launched a new website, “Asian HRDs Portal”1, with the intent to increase public awareness on the situation of HRDs in Asia.

“Human rights defenders have a crucial role in the advancement, consolidation and sustaining of democracy, nevertheless they continue to face numerous threats and challenges in their work, from false criminal charges to enforced disappearances and extrajudicial killings,” said Henri Tiphagne, Chairperson of FORUM-ASIA. HRDs promoting lesbian, gay, bisexual, transgender rights, Dalit and minority rights as well as economic, social and cultural rights are especially at risk in Asia, to the same extent as women human rights defenders. “Today more than ever in Asia the protection of HRDs should be strengthened through effective protection mechanisms at the national, regional and international level”, concluded Tiphagne.

Sister Crescencia Lucero, Executive Director of TFDP added that, “in Asia the space for HRDs to operate in is increasingly shrinking, and freedoms of expression, peaceful assembly and association have even retrogressed in recent years through the use of existing and the introduction of new repressive laws”. In analyzing the situation of HRDs in the Philippines, Sister Lucero highlighted that “there is no relent on the attacks against defenders in the country, as manifested in the growing statistics of human rights violations documented”.

The United Nations Special Rapporteur on the situation of human rights defenders, Michel Forst, opened the event by noting that Asian HRDs are likely to be “threatened, intimidated or investigated, prevented from travelling, harassed or criminalized”. Such violations and denials of fundamental freedoms “are aimed to discredit, silence and eliminate human rights defenders”, added Mr. Forst. The participants of the 6th AHRDF identified supporting networks as a particularly efficient platform to confront the critical situation in the region. “Such networks allow for better protection and recognition of activists by society and are particularly useful for defenders at greater risk”, concluded Mr. Forst.

About FORUM-ASIA

FORUM-ASIA is a Bangkok-based regional human rights group with 47 member organizations in 16 countries across Asia. FORUM-ASIA has offices in Bangkok, Jakarta and Geneva. FORUM-ASIA addresses key areas of human rights violations in the region, including freedoms of expressions, assembly and association, human rights defenders, and democratisation.

Final Document of International Conference:

“Dimensions to create a Nuclear-Weapon Free Northeast Asia”

Ulaanbaatar, 26 November 2014

The International Conference: “Dimensions to create a Nuclear-Weapon Free NEA” was held in Ulaanbaatar, Mongolia on 26 November 2014. It was organized by the Global Partnership for the Prevention of Armed Conflict (GPPAC) Northeast Asia and Blue Banner, Ulaanbaatar Focal Point of GPPAC, under the auspices of the Ministry of Foreign Affairs and Economic Development of Mongolia.

Over 60 people, including civil society representatives and scholars from Guangzhou, Hong Kong, Kyoto, Pyongyang, Seoul, Taipei, Tokyo, Ulaanbaatar and Vladivostok, as well as representatives of the GPPAC Global Secretariat in the Hague, gathered in Ulaanbaatar. They discussed the challenges that the world and East Asia were facing. These included especially nuclear security; the feasibility and need to establish a Northeast Asian nuclear-weapon-free zone (NEA-NWFZ); the impact of military alliances, foreign military bases and expenditure; and the threats currently posed to Article 9, the peace clause of the Japanese Constitution. In this regard they considered different proposals and ideas, including a comprehensive approach to this region’s security. They also considered Mongolia’s nuclear-weapon-free status and the role that the country could play in promoting greater confidence, stability and non-proliferation in the region. The participants reaffirmed their commitment to conflict prevention, peacebuilding and non-proliferation in the region, as reflected in the previous statements of GPPAC Northeast Asia in the 2005 Tokyo Agenda, the 2006 Mt Kumgang Action Plan, and the 2007 and 2010 Ulaanbaatar statements.

The participants believed that addressing issues of the humanitarian consequences of nuclear weapons detonation, accidental or intentional, was an important and timely measure that would allow the international community to maintain high awareness of the urgency of nuclear disarmament by deepening the understanding of the devastating consequences of nuclear detonation. Hence they welcomed the holding of two conferences on the humanitarian impact of nuclear weapons in Oslo, Norway in 2013 and in Nayarit, Mexico in 2014, and the civil society involvement therein. The Oslo conference addressed the consequences of a nuclear weapon detonation through a humanitarian lens, while the Nayarit conference allowed a deeper understanding of such consequences focusing on long-term effects as well as effects on public health, environment, climate change, food security, displacements and development. They believed that the third conference, to be held in Vienna this December, would highlight further the urgency of abolishing nuclear weapons by hearing further testimonies, looking at consequences of nuclear weapon tests, and the risks of human and technical error and would contribute to starting negotiations aimed at eliminating nuclear weapons. Therefore they called upon civil society organizations to take an active part in both the governmental conference and the civil society forum in Vienna.

Participants reaffirmed their conviction that the only effective guarantee against the use or threat of use of nuclear weapons was their complete prohibition and elimination through conclusion of international legally-binding instrument to this effect. Thus they rejected modernization of existing nuclear weapons and development of new types of such weapons as acts inconsistent with the goals and obligations of nuclear disarmament. They welcomed the decision of the General Assembly of the United Nations to designate 26 September as International Day for the Total Elimination of Nuclear Weapons, the convening in 2013 of a high level meeting on nuclear disarmament and its outcome, and called upon states to convene the second meeting not later than 2018 so as to identify concrete measures and actions to eliminate nuclear weapons in the shortest possible time. In the interim, they called on the international community to commence negotiations and adopt without delay a universal and legally binding instrument on negative security assurances. The conference also expressed its support for the Republic of the Marshall Islands’ efforts “Nuclear Zero” lawsuits, holding the nine nuclear-armed nations accountable for failing to comply with their obligations under the NPT.

During the discussion due attention was given to the preparations for the 2015 Review Conference on the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), which was the cornerstone of the disarmament and non-proliferation regime. They called upon nuclear-weapon states to fully comply with their obligations to nuclear disarmament under Article VI of the NPT, and fully implement the 13 practical steps towards nuclear disarmament agreed upon at the 2000 NPT Review Conference as well as the Action Plan adopted at the 2010 Review Conference, in particular Action 5.

The participants reaffirmed the important role that NWFZs play in strengthening regional and international security, and expressed support for strengthening the existing ones. In that respect they expressed concern that despite the agreements reached by the states parties to the NPT in 1995, 2000 and 2010, the international conference on the establishment of a Middle East NWFZ had not been held and expressed the hope that such a conference would be held before the 2015 NPT Review Conference.

The participants expressed concern over the persisting tensions in the Northeast Asian region, including on and around the Korean peninsula. They believed that the Six Party Talks still could play an important role in addressing some of their causes, and that other forms of dialogue to contribute to a permanent peace regime be sincerely pursued. The participants believed that confidence-building measures to improve relations and a broad approach to addressing this issue, including the feasibility of establishing a NEA-NWFZ, were practically useful, and that the nuclear umbrella and extended nuclear deterrence needed to be given up altogether.

They welcomed the Mongolian President’s proposal to promote the Ulaanbaatar Dialogue on Northeast Asian Security as an effective way to reduce mistrust and promote mutual understanding and greater confidence. They believed that civil society needed to play its role in promoting understanding and dialogue in the region and reiterated their commitment to continue cooperation of civil society organizations with a view to developing and strengthening a shared vision for a peaceful and stable Northeast Asia, as the Ulaanbaatar Process proposed by GPPAC Northeast Asia in 2007 and currently in preparation. The potential agenda for future dialogue sessions was to focus not only on traditional peace and security issues, but also include more comprehensive aspects such as economy, the environment, sustainability, disaster relief, gender, human security, the potential role of civil society, etc.

The participants welcomed Mongolia’s nuclear-weapon-free zone policy both as a concrete contribution to regional stability, and as an innovative approach to addressing nuclear threat-related issues. They welcomed the joint declaration of the five nuclear-weapon states whereby the latter pledged to respect Mongolia’s status and not to contribute to any act that would violate it. The participants expressed the hope that Mongolia’s example would be an inspiring example in addressing similar cases.

The participants reaffirmed their support for global efforts to promote nuclear disarmament and conflict prevention in which civil society could play an important role. Thus they supported various civil society led campaigns and efforts such as the International Campaign to Abolish Nuclear Weapons (ICAN), Mayors for Peace, the various national and international campaigns to end the Korean War, and those to protect and promote Article 9 of the Japanese Constitution. The importance of engagement between civil society from the Northeast Asian region and that of the United States was also highlighted. They also reiterated their commitment to the goals of GPPAC and expressed their resolve to promote them at the global, regional and local levels.

Tongin Newsletter, October 2014

<The report from Lee Tae-ho, Secretary-general of the PSPD>

I would like to express my sincere gratitude to those who came and congratulated 20th anniversary of the PSPD.Let me brief on activities in September.

● The People’s Council for the Sewol Ferry Disaster▶ Sit-down demonstrations of bereaved families of Sewol Ferry disaster have continued in September at the National Assembly, Gwanghwamun square and Cheongwoon-dong office near the Blue House. Hunger strike relay of citizens is still going on at the Gwanghwamun square.▶ The Council of bereaved families and citizens attempted three steps one bow from the Gwanghwamun square to the Blue House on 2 September in order to deliver signatures of 4.85 million people urging for enactment of Sewol Ferry Special Act to find the truth of the disaster. However, they were blocked by the police at Gwanghwamun Square that signatures could not be handed in. ▶ The President Park Geun-hye insisted on 16 September at a cabinet council meeting that the second negotiation proposal of the National Assembly rejected by the families was the best the government could offer. Hence, PSPD denounced that “The President exposed her intention to control and manipulate special prosecutors who would be appointed accordingly to Sewol Special bill.”▶ As of 25 September, negotiations on Sewol Special bill were ceased between bereaved families and the government and, a leading and apposition party since that remark of the president.

● Campaign for Anyone with Stable Life▶ In regard to the argument of the President Park Geun-hye and Choi Gyeong-hwan deputy prime minister for economy “National Assembly hasn’t passed essential livelihood and economic bills because of Sewol Special bill dispute”, PSPD released a data on 28 August refuting that what the government called ‘livelihood and economic bills’ and tried to legislate were allowing profit-making of medical industry, deregulation of real estates, cruise and casino industry which in fact would kill livelihood of ordinary people and domestic economy.

● Social Welfare Committee▶ The People’s Campaign to straighten the National Pension System in which PSPD participates presented denouncement on 1 September that ‘Vitalizing Private Pension’ policy released by the government on 27 August would weaken public pension and increase earnings of Chaebols.

● Committee for Fair Labor Society▶ The <Movement for ‘Come out! Genuine owner’> started its sailing on 1 September and it would work to resolve problems with indirect and irregular employment such as illegal dispatch and disguised contract which have become structured and customary practice in our society.

▶ PSPD and the Samsung Workers’ Human Rights Keepers held a discussion <Watching Samsung> on the 26th and looked into how Samsung accumulated the capital, illegalities in succession process and leukemia breakout as an industrial disaster.

● Center for Administration Watch▶ Lee Beom-gyun, a senior judge of the Seoul Central District Court said that Won Se-hun a former president of the National Intelligence Service violated the National Intelligence Service Act but not the Election Law. Therefore, PSPD presented a comment on the 11th criticizing that it was a decision to save the Blue House by killing democracy. Furthermore, it sent an open letter to the prosecutors on 15 September in collaboration with 18 civil and social organizations urging for an immediate appeal since they seemed hesitating after the decision.

▶ [Issue Report] PSPD released the Current Status Report 2014: Employment restrictions for retirees. The purpose of the employment restriction system is to prevent cronyism by prohibiting retirees from being employed by a company which is related to their former jobs.

● Center for Tax Justice and Budget Priority▶ In respect to a government’s plan to sharp increase of cigarette price, PSPD released a comment on 11 September condemning that it was a distorted tax increase against low income families thus it undermined fair taxation and infringed the principle of giving a priority to social consensus.

▶ An urgent press conference was held on the 18 September in cooperation with the Budget Watch Network and pointed out problems of 2015 draft budget of the government. SOC budget is to be increased with an excuse of safety and beneficiary of expansive finance management is focused on corporation not ordinary citizens.

● Center for National Assembly Watch▶ [Issue Report] PSPD has paid attention to voting results of bills dealt in the 19th National Assembly and released a report on the 18 September categorizing them into stepping stones and setbacks.

● Center for Judiciary Watch▶ Even though it is prohibited by the law to dispatch a current prosecutor to the Blue House, the Ministry of Justice has permitted it with connivance after taking a perfunctory recruitment process. Therefore, PSPD has submitted a request for audit of public organizations to the Board of Audit and Inspection on the 18th asking for a special audit regarding this illegal behavior.

● Support Center of Whistle Blowers for public interests ▶ A teacher Ahn Jong-hoon was discharged on 18 August from the school which he reported its corruptions to the Seoul Metropolitan Office of Education because his identity was exposed. Concerning this matter, PSPD demanded investigation how his identity was opened and a prevention measure to Jo Hee-yeon, a superintendent of the Office on 29 August. The office answered on 16 September that the incident was under investigation and proper measures would be taken accordingly to results.

● Center for Peace and Disarmament▶ PSPD started to collect signatures opposing rearmament of Japan, and military alliance among Korea, US and Japan. The signatures will be delivered to three governments respectively before and after the Korea-US yearly Security Consultative Meeting in October. (Refer an advertisement on page 58)

▶ “It is ok for primary school students to see but not adults?” The Ministry for Defense refused to disclose information concerning a national security textbook which has non-educational and violent contents. Hence, PSPD sent a written inquiry to the Ministry on 1 September asking for the reason of refusal.

▶ <Collective Action to secure human rights within the Army> was established on 23 September. It is an alliance of organizations to improve human rights system for soldiers.

● Institute for Participatory SocietyIn celebration of 20th birthday of the PSPD, the institute organized a symposium ’20 years of PSPD; challenges, reflections and new projects’ on 1 September at the Press Center. It was held in the line with the publishment of “Watching surveillant” (Imagine, 2014) how external researchers reviewed and analyzed 20 years activities of the PSPD with critical points of views so that major composers also gave a speech in the symposium. (See page 50 of the Magazine “Participatory Society”)

Tongin Newsletter, September 2014

<The report from Lee Tae-ho, Secretary-general of the PSPD>

This month of the PSPD, Dreams we are making together

Tongin News last month was reported by Park Jeong-eun, deputy secretary-general of PSPD because I had joined in hunger strike at the Gwanghwamun Square for nine days with bereaved families including Yoomin’s father. I can’t say that I was able to empathize pains of the families during that period but it was a very precious time to get closer to them.

Desperate appeal of Yoomin’s father, he collapsed after 40 days of hunger strike Kim Young-oh known as Yoomin’s father was sent to a hospital on 22 August after having 40 days hunger strike and many things happened during those 40 days.‘17 July’ was a deadline of Sewol Special bill set by the president and representatives of leading and opposition party. However, it has passed hopelessly and the promise was not kept till 24 July the 100th days since the disaster. On 7 August, having a week ahead before the visit of the Pope, two parties hastily gave a proposal. Unfortunately, they failed to include measures to find the truth which secure probes without sanctuaries and barriers. The more serious matter was that bereaved families were deeply hurt because an agreement was unilaterally made without asking their opinions. On the other hand, the visit of Pope Francis gave a comfort and support to the families in despair and brought up the public interests on Sewol Ferry Special bill. The Pope had worn a yellow ribbon on his chest during his visit, mentioned Sewol matters all the time and visited Kim Young-oh and other bereaved families every day.The message of the Pope was clear and his appeal was strong. At the mass of the Assumption of the Virgin Mary held on 15 August at the Daejeon World Cup Stadium, the Pope said in his homily that “I hope you reject the culture of the death which profane human dignity” and conveyed a message to fight against selfishness and unlimited competition destroying the society. He also stressed at the press conference on the 17th “The people act as what their hearts say when facing pains. My words of comfort can’t revive the deceased but we can solidify by sympathizing families of victims”. To a question his condolence on Sewol victims could be used politically, the Pope answered firmly and clearly at the press conference held in a plane on his way back to Vatican on the 18th that neutral position could not be kept in front of pains of human beings. He also mentioned a tragic accident in Buenos Aires, Argentina happened during his cardinal term and said “I thought the same at that time.

Contrary to a touch of the Pope, stance of the government and the leading party are cold and stiffNevertheless, behaviors of political parties were opposite to pope’s appeal and public response that their political calculation made negotiation process crippled. The second proposal suggested by both parties on 22nd was far from adopting a method to find the truth without sanctuaries and barriers which have been continuously demanded by the families. While the families argued that it was necessary to establish an investigation body entitled with a right to indict and investigate for a period of one and a half year, political parties did not even discuss this proposal and agreed to proceed with a current special prosecutor system. A current law limits probe period to 90 days and recommendation and appointment of special prosecutors can be controlled by a government and a leading party. It is obvious that the families and the people do not believe that the truth of Sewol disaster is possible to be found with a current system.

One thing improved in the second proposal compared to the first one suggested on the 7th was a way to recommend special prosecutors. A recommendation committee would nominate special prosecutors. The committee would be composed of seven members and four would be recommended by National Assembly. In a process of recommending two, a share of a leading party, it said to provide prior consent to an investigation body. It would not be indicated in a bill but secured with so called gentleman’s agreement. According to the argument of a leading party, it is possible to appoint special prosecutors independent from the government if the families can approve two committee members proposed by a leading party.

What the families want is not a trick but finding the truth without sanctuariesDespite of what a leading party insists, it does not guarantee the families to directly recommend special prosecutors. It is not acceptable for the families not to have a right to recommend but consent, and even in that case, only for four committee members out of seven. Moreover, an agreement made by a leading and opposition party is not good enough to trust because a leading party broke the promise to reflect families’ opinion less a month.

● People’s council for the Sewol Ferry Disaster▶ Together with bereaved families of Sewol Ferry and citizens, the People’s council is carrying out demonstrations in Gwangwangmun square and at the National Assembly calling for enactment of Sewol Ferry Special bill. The Council is also supporting families who are asking to meet the President at Cheongwoon-dong office near the Blue House since 22 August. ▶ PSPD has sent four activists including me to an executive group of the Council. I co-chair steering committee and Lee Jae-geun, a head of policy planning team looks after situation room. Baek Ga-yoon of the Peace and International Team and Hwang Soo-young from the International Cooperation Team take in charge of both domestic and international press, SNS and deal with vicious comments. ▶ The Family Council for Disaster Safety composed of bereaved families of past disastrous accidents was officially established on 12 August. PSPD is in a close cooperation with families who are participating in this council.

● The Center for Peace & Disarmament▶ Israel started indiscriminate bombing to Gaza Strip of the Palestine since mid-July. More than 1,800 Palestine residents have been killed and armed conflicts have gone to the worst situation. Regarding this matter, peace and human rights organizations including PSPD had hold rallies and press conferences near Israeli Embassy in Gwanghwamun at every Saturday from 26 July to 16 August. Furthermore, written inquiry protesting against Korean government which did not vote for ‘Sending independent investigation team to Gaza Strip‘ at the UN Human Rights council on 23 July. ▶ The Army promised self-reform concerning violence within the army after Private Yoon was bullied and beaten to death. However, PSPD suggested to establish an external watch organization and to legislate Human Rights within the Army Act because it could not trust what the army said. To give a shape, it held a discussion <Legal measures to secure human rights of soldiers> with the office of a lawmaker Jin Seong-jun. (Please see details on page 67 of Tongin News)

<Peace and Disarmament Center>

Time goes backwards in the Korean army

Questionable ‘Self-reform’ of the Korean army, an external watch organization must be established Kim Seung-hwan, activist, the Center for Peace and Disarmament

“We have kept talking about these matters since 10 years ago” a professor Lee Jae-seung who took the first agenda said at the discussion. Then he added “What we do now is only praying for the army to change”. Song Ki-choon, a professor of Jeongbook University commented that present army was no different from 30 years ago when he carried out military duties and infringements of human rights became even worse and crueler.

PSPD and the office of a lawmaker Jin Seung-jun held a National Assembly discussion “Legislations to secure human rights within the Army” on 19 August. There was a gunfire incident in Division 22 in June. Before aftershock diminished, investigation record of a private Yoon’s death was exposed that he was bullied and beaten to death in Division 28 four months before its exposure. The public cried out with angers and distrust over the Army. Thereupon, PSPD has prepared a National Assembly discussion to reflect structural problems of ceaseless infringements of human rights within the Army and to suggest basic solutions. According to a professor Lee Jae-seung, no system would work without changing a fundamental idea about the position of soldiers and he suggested a concept ‘A citizen wearing a uniform’ of the Germany meaning a soldier with a citizen identity so that a system should be built for the Army to stand up as an owner of the right. Han Sang-hee, a chair of management committee of the PSPD argued that human rights infringements in the Army have not been controlled by the law because institutional system was not independent from the closed military hierarchy. As an alternative, he suggested an abolition of a military court in the long term.

Furthermore, ‘Military Ombudsman’ system was introduced by a professor Hong Seong-su which can watch human rights from outside of the Army. He explained that it is the system which would bear the most tangible results to resolve the matter. Lee Tae-ho, a secretary general of PSPD pointed out that a cause of infringement is incurred by the characteristic of current military system which excludes conscripted soldiers from the Army. To resolve this, it is essential to make conscripted soldiers a precious existence. He also said to reduce the number of soldiers from a current over 600 thousands and duty period. A professor Song ki-choon emphasized education that soldiers should acknowledge a ground to follow superior’s order is the law and make themselves “Soldiers to think’ who can judge legality of orders within a boundary of the law.

Concerning human rights issues in the Army burst executively, PSPD expressed the need of establishing legislation of Military Human Rights Act and an external watch system through a National Assembly discussion, comments and statements. There are alternatives. We need a strong voice of the people to make military authorities to adopt it. PSPD will continue online and offline campaigns in cooperation with various organizations for systemic improvements of military human rights legislation and extensive reform of the Army

PSPD English Newsletter : August 2014

<The report form Lee Tae-ho, secretary-general at the PSPD>

This month of the PSPD, Dreams we are making together.

It’s been more than 100 days since Sewol Ferry tragic accident but finding the truth still seems far away. Despite bereaved families are fasting demanding the enactment of Sewol Ferry Special Act, discussions are not making any progress.The PSPD has focused on collecting signatures for Sewol Ferry Special Act enactment and poured all efforts to urge it in July. On the 15th, more than 70 PSPD activists, executives and members marched to the National Assembly and delivered signatures of 3.5 million citizens to the National Assembly president. Lee Tae-ho, a secretary-general of PSPD joined in a hunger strike on 18 July and continued till the 26th. During Noh Moo-hyun administration, a secretary-general and PSPD activists fasted one-day or one-meal to protest against dispatch to Iraq and demanded abolishment of the National Security Law. However, it is the first time having a nine-day hunger strike. In other words, an enactment of the Special Act is that much important and desperate.On 23 July, one day before 100th day since the disaster, PSPD held a press conference urging a decision of the president for the Special Act enactment in front of the Cheongwadae and yellow umbrella performance at the Gwanghwamun Square. PSPD executives also fasted together with bereaved families on the same day. The PSPD also participated in 100 li (approx. 39 km)-March of bereaved families and citizens began from Ansan to the Seoul Station and Seoul square passing by the National Assembly on the 24th, and stayed with them surrounded by the police under the pouring rain till dawn. At present, four activists are sent to a situation room of the National Management Council for Sewol Disaster and fully working on probing the truth, candle rallies and monitoring the press at the civil level, and participating in discussions for the Special Act as a secretariat. Along with Sewol Ferry Special Act related activities, each parts of PSPD have been busy during July as follow.

● The Center for National Assembly Watch▶ PSPD published an issue report showing most of National Assembly investigations carried out during the first half of the 19th National Assembly were failed or insufficient. (For details, see Tongin News)

● The Center for Judiciary Watch▶ The Center issued a report on dispatched prosecutors to the Ministry of Justice from 2009 to April 2014 and the analysis shows that 90% of core positions of the Ministry have been monopolized by prosecutors. (For details, see Tongin News)▶ The Prosecutors’ Office Act prohibits dispatch of incumbent prosecutors to the Chengwadae and it was also the promise of Park Geun-hye to keep that way. Therefore, an open inquiry in regard to this matter has been sent to the Justice Minister.

● The Center for Administration Watch▶ The Center concentrated on monitoring appointment hearings for high ranking government posts. Kim Myung-soo, a candidate for an education minister gave up a position and PSPD expressed opposition stand against Lee Byung-gi, a candidate for National Intelligence Service president because of his previous political maneuvering. Besides, PSPD opposes an appointment of a candidate for deputy prime minister for economy Choi Gyeong-hwan who sticks to current basic economic policy of ‘Reduce and loose tax’ and Choi Yang-hee, a candidate for science, ICT and future planning minister because he evaded tax, and attempted to avoid violation of the Farmland Act by planting chili peppers in the garden. In addition, Jeong Seong-geun, a minister candidate for culture and tourism played with hearings with lies. Qualification of a candidate for security and public administration minister Jeong Jong-seop is questionable if he is appropriate for a head in charge of ethics of public officers.▶ Jang Yoo-sik, a president of the Center for Administration Watch participated in a public hearing on <Injustice solicitation and confronted interests prevention Act> (so called, Kim Young-ran Act) hosted by the National Policy Committee of the National Assembly and he emphasized the necessity of strong punishments and extending the range of subjects for punishment.

● The Social Welfare Committee▶ The Social Welfare Committee held a press conference and presented comments urging to withdraw advanced notice of revised enactment regulations of the Medical Service Act which allows establishment of profit-making affiliates of hospitals in despite of violating the Medical Service Act. Signatures opposing privatization of medical service reached more than 1.5 million and PSPD held a press conference demanding the government and the National Assembly to cease medical service privatization policy.

● The Committee for Fair Labor Society▶ In relation to a court decision to rule Korean Teachers and Education Workers' Union an illegal and a follow-up measure of the government, the Committee submitted an urgent appeal to a UN Special Rapporteur on the right to freedom of association.

● The Center for Peace & Disarmament▶ The center presented a statement expressing concerns on arms race of Northeast Asia and held a national crisis discussion in regard to the situation that Abe cabinet of Japan has passed revised bill of interpreting the constitution as executing the right of collective self-defense possible. It also requested disclosure of information on current status of Korea-US-Japan joint military drill on 21 July. (For details, see Tongin News)▶ The center held a press conference and demonstration in front of the Israel Embassy in Korea regarding Israel’s attack and genocide to Palestine which have shocked the international society. It also sent a written inquiry to the Korean Government asking its role as a UN Human Rights Council member state.

PSPD English Newsletter : July 2014

<The report form Lee Tae-ho, secretary-general at the PSPD>

This month of the PSPD, Dreams we are making together.

● The PSPD is a member of the <People’s council for the Sewol Ferry Disaster> in which more than 800 civil and social organizations participate and has taken a lead in activities.- PSPD has continued candle rallies on every weekends urging for swift search of missing passengers of the sunken Sewol Ferry and finding the truth- In solidarity with bereaved families, it has joined in the movement to collect 10million signatures asking for the enactment of Sewol Ferry Special Act to probe the truth. As of 20 June, more than 1.5 million signatures are collected. - The People’s Council for the Sewol Ferry Disaster organizes <The Bus of tolerance> heading to Paengmok Port at 2 pm on every Fridays.

● As a secretariat organization for the <People’s Participatory Committee for finding the truth of the Sewol Ferry Disaster> 1), PSPD is practically working on an investigation to find the truth together with bereaved families. - The Committee held a discussion “Special Act for finding the truth of the Sewol Ferry Disaster, how should it be made?” with opposition lawmakers on 28 May at the National Assembly hall. PSPD insisted that investigation body must be a national organization but independent from the National Assembly and the government so that authorities and powers are guaranteed to investigate without a barrier including former and current presidents, government officers, civilians and soldiers. It also pointed out that the Act must secure participation of bereaved families. – Along with the Council of bereaved families, PSPD works at the site investigation team interviewing survivors, fishermen at Paengmok port and civil divers.- The Peace and International Team of PSPD is in charge of collecting information on oversea’ cases how they probe to find the truth after large scale tragic accidents

● In addition, PSPD is carrying out Sewol Ferry Disaster related projects on its own or in collaboration with other organizations.- With respect to a reform bill of the Public Service Ethics Act suggested by the government as a measure to prevent disasters like the Sewol Ferry, the Administration Watch Center submitted a statement to the Ministry of Safety and Administration on 9 June pointing out defects and insufficient contents. Especially, it drew attention to lack of independence of the Civil Servant Ethics Committee. - The Campaign for Anyone with Stable Life also cooperates with preparatory committee of the<Family Council for Disaster Safety> to make prevention measures for disastrous accidents. The Family Council is composed of bereaved families of disasters such as Sealand, Daegu Subway, Incheon Inhyun-dong beer pub, Gyeonggu Resort, and Taean private Marine Corps camp. They actively cooperate and share empathies and wisdoms earned from own pains and experiences with bereaved families of the sunken Sewol Ferry. - The Support Center for Whistle Blowers for public interests released a joint statement on 16 June with 52 whistle blowers and five related organizations. They argued that whistle blowing for public interests must be protected and activated to prevent disasters such as the Sewol Ferry.- On 2 June, the Public Interest Law Center criticized that what the government has done right after the moment Sewol Ferry sunk is to control and shut the voices of the press and the people which are supposed to watch the government. It also announced to supply appropriate legal rescue to people whom the government tries to punish with an excuse of post-disaster counter-measures.- The Peace and International Team of PSPD published an issue report <Oversea Cases of post-disaster committee for finding the truth> on 22 June. In order to bring out the issue of Sewol Ferry Special Act Enactment, the report introduces activities, roles, recommendations and assessments of the 911 National Commission, the Katrina Bipartisan Committee in the US, the Independent Investigation Commission on the Fukushima Nuclear Accident in Japan and the Victorian Bushfires Royal Commission in the Australia. - PSPD and the Kyunghyang Daily are publishing a series of articles since 14 June <Two months since Sewol Ferry sunk, article relay ‘This must change’>.- PSPD and the Civil Society Organizations Network in Korea held <Open discussion with citizens to reflect Sewol Ferry disaster> on 30 May at the Ansan Culture Square.

● PSPD won the case asking to disclose the information in regard to Korea-Japan military alliance negotiation which was made in closed-door. - PSPD filed the case (2013 Guhap 59798) against a Foreign Affairs Minister demanding to cancel the decision not to disclose the information concerning Korea-Japan military information protection treaty. The Section 14 of the Seoul Administration Court (Judge Cha Haeng-jeon) decided on 5 June to disclose all information except two clauses.

● PSPD is fighting against a movement to facilitate profit-making medical service which is speeding up after the provincial government election, and retrograding social and economic rights of the people including dwindling labor rights and abusing police power in dispute sites. Together with the People' Action to Stop Privatization of Medical Service, PSPD is carrying out a campaign protesting against the government’s decision to approve establishing affiliates of hospitals. Spontaneous one person demonstrations at various locations are taken place to increase the minimum hourly wage to 6,700 KRW from 2015.PSPD is in solidarity with the Korean Teachers and Education Workers' Union which received unfair decision “Not a union” from the court.PSPD has sent an urgent appeal to a UN Special Rapporteur concerning serious infringements of human rights in the course of administration execution by proxy in Milyang Transmission Tower construction site.

The end of reports from Lee Tea-ho, a secretary-general of PSPD.

1) The People’s Participatory Committee for finding the truth of the Sewol Ferry Disaster is a special investigation body established by the People’s council for the Sewol Ferry Disaster in which more than 800 civil and social organizations nationwide participate. Lee Seok-tae, co-representative of PSPD is a co-chairman of the committee.